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If I Got Injured At Work, Am I Limited Only To Worker's Compensation Benefits Only?

Many personal injury and accident lawyers in Baltimore, MD will quickly tell you that means you have a worker’s compensation case -and that is it. Generally speaking, if you are hurt while on the job, even if the injury occurs through the fault of your employer, your employer must provide you with worker’s compensation benefits, but is otherwise immune from a typical negligence claim.

Yes, injured workers typically cannot sue their employer for negligence. 

More aggressive injury and accident lawyers in Baltimore, MD might pull If I Got Injured At Work, Am I Limited Only To Worker's Compensation Benefits Only? - Personal Injury Lawyer Baltimore: Maryland Criminal Defense Attorney | Eric T. Kirk - 11back the layers of that particular onion a little bit. That is not necessarily the end of the road. Of course, if you are hurt at work by the negligence of another outside of your employer's organizational structure, you may be entitled to an additional recovery. The law recognizes three common scenarios where a superficial “worker’s compensation” claim may well have another claim within it:


These cases are typically referred to as workers' compensation "third party" claims. The distinction is not insignificant. Under workers' compensation law, an employee is entitled to recover for their lost wages, and have their medical expenses met. In a personal injury action premised on negligence,

one is entitled to recover for non-economic damages: things like pain, inconvenience, distress, and suffering, in addition to strict economic damages like medical expenses and lost wages. 

The third-party claims process can be complex. It is interesting that although the law gives the workers' compensation insurance company the right to sue the at-fault party directly to recover amounts they have paid due to the injury- they essentially never do so. 

     -This Article was updated by Eric Kirk on 12/13/19. 

I’ve handled hundreds of worker compensation claims over the years. Many of these have included derivative claims discussed in this guide. I propose an initial legal assessment of a claim and a client conference, all without charge, to anyone who has suffered an injury in any accident. Contact me today to  begin the process of your financial recovery. 

(!) COVID-19 Update from Eric T. Kirk, Attorney
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